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Post by topnotch on Jul 31, 2012 11:26:32 GMT 3
Sorry Wanajukwaa for the initial misinformation....
Apparently, each of the five judges will give their own reason for the new-date ruling.
So far, Justice Koome has ruled that parliament to be dissolved by 15th November 2012 and elections to be held before 14th January 2013... and that the President has no powers to dissolve parliament.
More to follow
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Post by Omwenga on Jul 31, 2012 11:48:19 GMT 3
Sorry Wanajukwaa for the initial misinformation.... Apparently, each of the five judges will give their own ruling. So far, Justice Koome has ruled that parliament to be dissolved by 15th November 2012 and elections to be held before 14th January 2013... and that the President has no powers to dissolve parliament. More to follow There can only be one ruling; the judges may give different concurring opinions in support of the ruling--or dissent. |
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Post by topnotch on Jul 31, 2012 11:53:44 GMT 3
Sorry Wanajukwaa for the initial misinformation.... Apparently, each of the five judges will give their own ruling. So far, Justice Koome has ruled that parliament to be dissolved by 15th November 2012 and elections to be held before 14th January 2013... and that the President has no powers to dissolve parliament. More to follow There can only be one ruling; the judges may give different concurring opinions in support of the ruling--or dissent. Thanks OmwengaI should have known better than to expose my ignorance of matters legal ;D Allow me to amend the Thread Subject. Justice Githinji has said the same thing as Koome that President and PM cannot set the date. He, however goes with the March 2013 date. |
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Post by topnotch on Jul 31, 2012 12:08:22 GMT 3
Justice Okhwengu says she agrees with Justice Githinji. That's 2 judges for March 2013, and 1 judge for pre-January 2013
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Post by podp on Jul 31, 2012 12:13:49 GMT 3
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Post by topnotch on Jul 31, 2012 12:16:31 GMT 3
Two more judges... date not yet decided. |
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Post by podp on Jul 31, 2012 12:25:17 GMT 3
topotch,
After Jugde Mumbi Ngugi's ruling and now Justice Martha Koome's ruling am beginning to fully believe that Kenyan Women are better decision makers and are also good advocates at the bar of public opinion.
Hao wengine fit in RAO's description of Koti bandia
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tom
Junior Member
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Post by tom on Jul 31, 2012 12:25:53 GMT 3
Majority Judges have upheld (4th)March 2013 Elections date
Awaiting more details.
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Post by topnotch on Jul 31, 2012 12:26:32 GMT 3
Its 4-1 ruling for on or before March 4th, 2013! Court of Appeal upholds that elections should be withing 60 days of dissolution of Parliament in January 2013.
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Post by kamalet on Jul 31, 2012 13:15:28 GMT 3
Most important in the ruling is the fact that Neither Kibaki nor Raila can force an election which confirms my argument that the death of Nara would never precipitate a general election!
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Post by kaburwo on Jul 31, 2012 14:02:33 GMT 3
The one thing I fail to understand is "Which Law is Koome reading that the others are not"? Secondly, given that the election date is WRITTEN INTO the constitution as currently stands, does a court ruling "amend" that constitutional requirement that elections be held Every second Tuesday of August (14 August 2012)?
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Post by genius on Jul 31, 2012 14:05:10 GMT 3
Most important in the ruling is the fact that Neither Kibaki nor Raila can force an election which confirms my argument that the death of Nara would never precipitate a general election! You seem too obsessed with this death of NARA issue. You sound like a dog with a bone. |
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Post by job on Jul 31, 2012 16:00:11 GMT 3
The one thing I fail to understand is "Which Law is Koome reading that the others are not"? Secondly, given that the election date is WRITTEN INTO the constitution as currently stands, does a court ruling "amend" that constitutional requirement that elections be held Every second Tuesday of August (14 August 2012)? Judges only interpret what the Constitution says and tell us...they can't amend it. Koome must have been reading a different Constitution. What the Constitution says - now affirmed by both the High Court and the Appeal Court - is that in this current term, the election date will be different from subsequent ones. The transitional clause of the Constitution makes it clear the term of the current Parliament ends in January 2012. Elections will be held any time after that - within 60 days. March 2013 is what they've settled for (to allow for campaigns).
But in subsequent elections, they'll be held every second Tuesday of August of the fifth year. That's what the Constitution says. I personally would have preferred the current elections held next month (August 2012) or latest December 2012, but the transition clause did us in. So we now end up with elections falling within 60 days of January 2013. March 2013 is going to be it. |
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Post by mwalimumkuu on Jul 31, 2012 17:26:43 GMT 3
topotch, After Jugde Mumbi Ngugi's ruling and now Justice Martha Koome's ruling am beginning to fully believe that Kenyan Women are better decision makers and are also good advocates at the bar of public opinion. Hao wengine fit in RAO's description of Koti bandia On the contrary Justice Koome has displayed a lot of ignorance on this issue. It is such judges who make our courts look bandia even after what we have done to reform them. I think she had her activist hut on that clouded her reasoning and logical interpretation of the law. |
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Post by b6k on Jul 31, 2012 18:43:00 GMT 3
The one thing I fail to understand is "Which Law is Koome reading that the others are not"? Secondly, given that the election date is WRITTEN INTO the constitution as currently stands, does a court ruling "amend" that constitutional requirement that elections be held Every second Tuesday of August (14 August 2012)? Judges only interpret what the Constitution says and tell us...they can't amend it. Koome must have been reading a different Constitution. What the Constitution says - now affirmed by both the High Court and the Appeal Court - is that in this current term, the election date will be different from subsequent ones. The transitional clause of the Constitution makes it clear the term of the current Parliament ends in January 2012. Elections will be held any time after that - within 60 days. March 2013 is what they've settled for (to allow for campaigns).
But in subsequent elections, they'll be held every second Tuesday of August of the fifth year. That's what the Constitution says. I personally would have preferred the current elections held next month (August 2012) or latest December 2012, but the transition clause did us in. So we now end up with elections falling within 60 days of January 2013. March 2013 is going to be it. , well said & I concur with you on ALL points for a change... |
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Post by kamalet on Aug 1, 2012 8:15:05 GMT 3
Most important in the ruling is the fact that Neither Kibaki nor Raila can force an election which confirms my argument that the death of Nara would never precipitate a general election! You seem too obsessed with this death of NARA issue. You sound like a dog with a bone. ...and you completely missed the point, so no one is blaming you! |
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